Madras High CourtA/6218/2019closed

M/S. Cholamandalam Investment And Finance Company Ltd v. Mr.Shiju Mp (Borrower) And Another

2021-04-17Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) SATURDAY, THE 17TH DAY OF APRIL 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.6218 of 2019 In the matter of Arbitration & Conciliation Act 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd. and Mr. Shiju M P & Mr.Sasi K K, Arising under Loan Agreement No.XVFPCAL00001826132 dt.31/10/2016.

M/s Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory.

: Applicant Vs.

1.Mr.Shiju M P (Borrower), Mambilakool (H), Avitanallur P.O.

Poavitanallur, Kozhikode (Near Avitanallur Angadi), Kerala - 673 614.

2.Mr.Sasi K K (Co-borrower), Kollarukandy (H), Avitanallur P.O,

Vakayad, Kozhikode, Kerala - 673 614.

: Respondents Application praying that this Hon'ble Court be pleased to appoint Mr.Sudheer PT, Jr.Manager-Legal as Receiver, as an agent of the Applicant Company as a Receiver, to seize and take possession of the subject schedule vehicle more fully described in the Schedule of the Judge's Summons from the premises of the Respondent or wherever found with Police aid and break open of premises if necessary. This Application coming on this day before this court for hearing the court made the following order:

This application has been filed for appointment of a receiver to seize and take possession of the vehicle mentioned in the judges summons.

2. This application is pending from the year 2019 and it is not brought to the notice of this Court, whether the applicant has initiated arbitration proceedings or not. The same clearly indicate that the applicant is not having any manifest intention to invoke arbitration proceedings.

3. In such view of the matter, this Court is not inclined to grant any relief in this application. This application is closed. Sd/.N.S.K.J.

17.04.2021 //Certified to be a true copy// Dated this the th day of 2021. su.03.06.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.